Refugee Claims

If you believe that your life is in danger in your home country and that you cannot return you can make a refugee claim in Canada. You can either make a refugee claim at the border or inland. If you make you claim at the port of entry you will sit down with an immigration Officer who will assist you in completing some of the refugee forms. The Officer may also ask you why you believe that your life is in danger in your home country and why you cannot obtain police protection. You will be provided with a form called the Basis of Claim (BOC) and will given a period of time in which to complete the form with a detailed narrative of why you believe that you cannot return back home. You can also file a refugee claim inland while you are in Canada. If you choose to do so you will be given an interview after you submit your refugee forms to determine if you are eligible to make a claim. Whether you file a claim at the border or inland it is best that you have legal counsel to guide you through the process. Once you are deemed eligible you will be given a refugee identity document and your case will be referred to the Immigration and Refugee Board of Canada. You will likely have a hearing between 8-14 months from the date you are deemed eligible. Prior to the hearing you should sit down with an experienced lawyer or immigration consultant who will prepare you for the hearing. You should try and obtain documents that support your case, both personal and country condition documents. You can also have people that are familiar with you case testify on your behalf. At your hearing you will be asked questions about who you are afraid of and why you cannot return to your country. The person deciding your case is a Board Member who will make the determination if you’re a Convention Refugee or a person whose life is at risk. The Board Member will want to know who you are afraid of, if you tried to obtain police protection and if you tried to seek internal flight (living in another area) before fleeing to Canada. Remember that the burden of proof is on you to show that your life is in danger in your home country and that you cannot return. At the end of the hearing the Board Member will either give an oral decision or provide the decision in writing at a later time. If the Board Member refuses your claim you will be able to appeal to the Refugee Appeal Division or do a Judicial Review at the Federal Court.